| Krok
v Commissioner of Taxation (FCA) - legal professional privilege -
waiver - applicant required to discover documents in disputed categories
|
| Yara
Pilbara Fertilisers Pty Ltd [formerly known as Burrup Fertilisers Pty Ltd] v
Oswal (No 8) (FCA) - cross-vesting - Federal Court
proceedings transferred to Supreme Court of Victoria
|
| Graham v Western Australian Planning
Commission (WASCA) - costs - successful appeal from
decision of SAT - question of costs of proceedings before SAT remitted to SAT
|
| Summaries With Link (Five Minute Read) |
Krok
v Commissioner of Taxation
[2015] FCA 51
Federal Court of Australia
Wigney J
Privilege - Commissioner sought
discovery of categories of documents - applicant opposed discovery of some
categories on basis of legal professional privilege - Commissioner did not
dispute documents caught by categories would attract legal professional
privilege - Commissioner maintained documents discoverable because it had been
impliedly waived- held: partial disclosure of advice provided to applicant, or disclosure
of gist, substance or effect of it, was inconsistent with confidentiality that
would otherwise attach to communications recording advice - privilege waived - applicant
required to discover documents that fell within disputed categories.
Krok
|
Yara Pilbara Fertilisers Pty
Ltd [formerly known as Burrup Fertilisers Pty Ltd] v Oswal (No 8) [2015] FCA 49
Federal
Court of Australia
McKerracher
J
Transfer
of proceedings - applicant sought to transfer proceeding to be heard with two
other proceedings in Supreme Court of Victoria - interlocutory application
supported by various cross-respondents - ss1337H & 1337L Corporations Act 2001 (Cth) - s5(4) Jurisdiction of Courts (Cross-Vesting) Act
1987 (Cth) - held: all parties accepted interests of justice not served by
separate proceedings in two courts dealing with overlapping issues - risks
involved obvious potential for inconsistent factual findings and determinations
- time, expenses and other resources would be wasted - Federal Court proceeding
transferred to Supreme Court of Victoria pursuant to s1337H(2) Corporations
Act.
Yara
Pilbara Fertilisers Pty Ltd
|
Graham v Western Australian
Planning Commission
[2014] WASCA 234
Court
of Appeal of Western Australia
Martin
CJ, Buss JA & Beech J
Costs
– Court of Appeal concluded State Administrative Tribunal lacked jurisdiction
to determine compensation payable for taking of lots – Court ordered
application to strike out proceedings with respect to determination of
compensation for taking of one lot be remitted to SAT - parties disagreed
whether Court should make order with respect to costs of proceedings before SAT
- held: Court should not exercise its power to make orders with respect to
costs of proceedings before SAT - proceedings not completed - SAT not jurisdiction
in which costs ordered as matter of course -contentious issues best determined
by SAT rather than Court - respondent to pay appellants’ costs of appeal -
question of costs of proceedings before SAT remitted to SAT.
Graham
|
